The Sacramento Suburban Water District and the Rio Linda Elverta Community Water District dropped allegations claiming the United States Air Force was responsible for water pollution in a joint notice on Monday in the California Eastern District Court. They dropped the cases after the United States claimed that the pollution at issue was already in the process of being cleaned.
The Sacramento Suburban Water District and the Rio Linda Elverta Community Water District were represented by Sher Edling LLP in their individual cases. The complaints were filed in June 2017 and allege that the United States Air Force introduced chemicals, including chromium, that migrated to wells in the water districts. They claim chromate products were introduced into the water, but consumers and the plaintiffs were not warned. They claimed the substance was highly toxic and would cause numerous health risks.
The lawsuits were filed against the United States and major chemical companies including E.I. Du Pont De Nemours and Company, the DOW Chemical Company, and the BASF Corporation. The United States filed a Motion to Dismiss in each of the cases on Monday, claiming its
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response is ongoing and prohibits the plaintiffs’ claims. They claimed immunity from the allegations.
The case was dismissed by the plaintiffs on the same day, voluntarily and without prejudice. Initially, the water districts claimed “substantial and imminent endangerment” along with claims of nuisance, negligence, trespass, and strict liability.